Orissa High Court
Ajaya Kumar Routray & Another vs State Of Odisha .... Opposite Party on 3 May, 2024
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4161 of 2024
Ajaya Kumar Routray & another .... Petitioners
Mr. M.M. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 03.05.2024
01. 1. Heard the learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s. 294/323/354/379/506/34, I.P.C, in connection with Kundanagari P.S. Case No.17 of 2024 corresponding to G.R. Case No.110 of 2024 pending in the court of the learned S.D.J.M., Kendrapara.
3. It is alleged that on 11.01.2024 at about 4.00 PM the present Petitioners abused the complainant in filthy languages on the issue of land dispute and assaulted him by giving push, fist-blows and kicks. It is also alleged that Petitioner No.2 assaulted the complainant's husband by means of a hammer, for which he received injury on his leg. When the complainant came for the rescue of her husband, the accused petitioners tried to outrage her modesty and they also threatened the complainant and her husband with dire consequences.
Page 1 of 24. Keeping in view the nature and gravity of the offences alleged against the Petitioners and the facts and circumstances of the case, while this court is not inclined to grant anticipatory bail, it is directed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M., Kendrapara in G.R. Case No.109 of 2024 within a period of three weeks from today, they shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court, but subject to verification of criminal antecedents of the Petitioners and verification of the injuries if not grievous on the vital part of the body of the injured, besides the further condition of depositing cash of Rs.3000/- (Rupees Three Thousand) by each of the Petitioners in the court in seisin over the matter.
5. If it is found that there is any other criminal antecedent against the Petitioners besides the present case and/or the injuries are found to be grievous on the vital part of the body, this order shall not be given effect to.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 04-May-2024 14:00:11 Page 2 of 2